Oil Companies Defeat New York City Appeal Over Global Warming
Ruling in favor of BP, Chevron, ConocoPhillips, Exxon Mobil and Royal Dutch Shell, the 2nd U.S. Circuit Court of Appeals in Manhattan said the regulation of greenhouse gas emissions should be addressed under federal law and international treaties. It rejected the city's efforts to sue under state nuisance law for damages caused by the companies' "admittedly legal" production and sale of fossil fuels, and said the city's federal common law claims were displaced by the federal Clean Air Act. "Global warming presents a uniquely international problem of national concern," Circuit Judge Richard Sullivan wrote for a three-judge panel. "It is therefore not well-suited to the application of state law." Sullivan added that while the Clean Air Act did not address emissions from outside the country, foreign policy concerns and the risk of courts "stepping on the toes of the political branches" barred the city's lawsuit.
Ruling in favor of BP, Chevron, ConocoPhillips, Exxon Mobil and Royal Dutch Shell, the 2nd U.S. Circuit Court of Appeals in Manhattan said the regulation of greenhouse gas emissions should be addressed under federal law and international treaties. It rejected the city's efforts to sue under state nuisance law for damages caused by the companies' "admittedly legal" production and sale of fossil fuels, and said the city's federal common law claims were displaced by the federal Clean Air Act. "Global warming presents a uniquely international problem of national concern," Circuit Judge Richard Sullivan wrote for a three-judge panel. "It is therefore not well-suited to the application of state law." Sullivan added that while the Clean Air Act did not address emissions from outside the country, foreign policy concerns and the risk of courts "stepping on the toes of the political branches" barred the city's lawsuit.